Anthony v. Aetna Ins. Co.
U.S. Circuit Court for the District of Eastern Michigan
At law. Motion for a new trial. This action was brought by Francis W. Anthony against the Aetna Insurance Company, to recover upon a policy of insurance issued by the defendants upon live stock shipped on board a propeller plying upon Lake Superior. The facts out of which the controversy arose are detailed in the opinion of the court.
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At law. Motion for a new trial. This action was brought by Francis W. Anthony against the Aetna Insurance Company, to recover upon a policy of insurance issued by the defendants upon live stock shipped on board a propeller plying upon Lake Superior. The facts out of which the controversy arose are detailed in the opinion of the court. Upon the former trial, which took place before judge Wilkins, the court directed the jury to render a verdict for the defendants, upon the ground that the loss which the plaintiff uau sustained was not covered by the policy. The plaintiff now moved for a new…
1Opinion of the Court
WITHEY, District Judge.
On May 1, 1865, an open, season policy was issued by defendants to plaintiff, insuring the plaintiff’s property from ports and places to ports and places, including the voyage in which was this risk. The adventure was to begin from the loading, and continue until the property should “arrive and be safely landed at the port of destination.” The risks covered by the policy are, “perils of the lakes, seas, rivers, canals, railroads, fires, jettisons, and all other perils and misfortunes that have or shall come to the hurt, detriment or damage of the said property, or any…
2Cases cited1 opinion
- Garrigues v. CoxeSupreme Court of Pennsylvania · 1809
3Cited by1 opinion
- Olympia Canning Co. v. Union Marine Ins.District Court, W.D. Washington · 1925